Texas Subletting, Lease Endings & Tenant Death
Texas rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: During the lease, a tenant may not rent the place to anyone else without the landlord's prior consent. The statute does not set a standard for when the landlord must give consent. Tex. Prop. Code § 91.005
The rules in Texas
| Subletting | During the lease, a tenant may not rent the place to anyone else without the landlord's prior consent. The statute does not set a standard for when the landlord must give consent. Source: Tex. Prop. Code § 91.005 |
|---|---|
| When the lease ends | A month-to-month tenancy can be ended by either side with notice; it ends on the later of the date in the notice or one month after notice is given (for rent periods under a month, one rent period), unless a signed agreement sets a different notice period. Texas's landlord-tenant chapters contain no rule on automatic-renewal clauses and no holdover rent penalty, so the lease controls those points. Reviewed Tex. Prop. Code chapters 91 and 92 on 2026-10-28; no provision found on automatic renewal or holdover rent. Eviction of a tenant who stays after the lease ends is handled under the forcible detainer law (Prop. |
| If a tenant dies | If a tenant who was the only occupant dies before the lease ends, the estate's representative can end the lease and avoid future rent by giving the landlord written notice, removing the tenant's belongings, and signing an inventory if asked; the lease ends on the later of 30 days after notice or when all conditions are met. The estate still owes unpaid rent and damage beyond normal wear. The landlord may remove and store the belongings and must turn them over to the tenant's designated contact or another person lawfully entitled, and must refund the deposit, minus lawful deductions, to that person. Unclaimed property may be discarded after a certified-mail request and 30 days. A landlord may ask a tenant in writing to name an emergency contact for this purpose. A lease may set a different procedure for the property. |
Texas vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Texas | During the lease, a tenant may not rent the place to anyone else without the landlord's prior consent. The statute does not set a standard for when the landlord must give consent. Tex. Prop. Code § 91.005 | A month-to-month tenancy can be ended by either side with notice; it ends on the later of the date in the notice or one month after notice is given (for rent periods under a month, one rent period), unless a signed agreement sets a different notice period. Texas's landlord-tenant chapters contain no rule on automatic-renewal clauses and no holdover rent penalty, so the lease controls those points. Tex. Prop. Code § 91.001; Tex. Prop. Code chs. 91 and 92 (reviewed) | If a tenant who was the only occupant dies before the lease ends, the estate's representative can end the lease and avoid future rent by giving the landlord written notice, removing the tenant's belongings, and signing an inventory if asked; the lease ends on the later of 30 days after notice or when all conditions are met. The estate still owes unpaid rent and damage beyond normal wear. The landlord may remove and store the belongings and must turn them over to the tenant's designated contact or another person lawfully entitled, and must refund the deposit, minus lawful deductions, to that person. Unclaimed property may be discarded after a certified-mail request and 30 days. Tex. Prop. Code §§ 92.0162, 92.014 |
| Arkansas | The Arkansas Attorney General advises that a tenant typically must get the landlord's prior approval to sublet, and that a tenant who sublets should get written direction from the landlord stating the amount of rent that can be collected from the subtenant. Arkansas Attorney General, Landlord and Tenant Rights | If a tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession; if the holdover is not in good faith the landlord may recover reasonable attorney's fees, and if it is a willful violation of the act or the lease the landlord may also recover up to three months' periodic rent or twice actual damages, whichever is greater, plus attorney's fees. If the landlord consents to the tenant staying, the tenancy is week-to-week for a roomer paying weekly rent and otherwise month-to-month. Either side may end a month-to-month tenancy with written notice at least 30 days before the termination date (7 days for week-to-week). Ark. Code Ann. §§ 18-17-704, 18-17-401(c) | Not verified yet |
| Louisiana | A tenant has the right to sublease, and either party may assign or encumber its rights in the lease, unless the lease expressly prohibits it (Civil Code art. 2713). In a lease of an immovable, a clause banning any one of subleasing, assigning or encumbering is treated as banning all three unless a different intent is stated; otherwise such clauses are read strictly against the landlord. A subtenant or assignee gets no greater right to use the property than the tenant had (art. 2713.1). La. C.C. arts. 2713, 2713.1 | A lease with a fixed term ends when the term runs out, without any notice, unless it is reconducted or extended (Civil Code art. 2720). 'Reconduction' (automatic renewal) happens if the tenant stays on after the term ends without a notice to vacate or other objection from either side: for one week for most fixed-term leases longer than a week, one day for leases of a week or less, or 30 days for agricultural leases (art. 2721). A reconducted home lease of a month or longer becomes month-to-month, and all the lease terms continue (arts. 2723-2724). A reconducted lease is ended by giving the notice required by arts. 2727-2729. La. C.C. arts. 2720, 2721, 2723, 2724 | A lease does not end when the tenant (or the landlord) dies (Civil Code art. 2717). The lease continues, so it must be ended under its own terms or by the notice rules for leases. La. C.C. art. 2717 |
| New Mexico | New Mexico's Uniform Owner-Resident Relations Act has no provision on subletting or assigning a rental agreement. NMSA 1978, §§ 47-8-1 to 47-8-52 (reviewed) | If a resident stays without the owner's consent after the rental agreement expires or ends, the owner may sue for possession; if the holdover is willful and not in good faith, the owner may also recover the damages sustained and reasonable attorney's fees. If the owner consents to continued occupancy, the residency is week to week for a person paying weekly rent and month to month otherwise. NMSA 1978, §§ 47-8-37(C), 47-8-15(C) | When a resident who is the sole occupant dies, the owner must turn over the belongings to the resident's designated contact person or anyone else lawfully entitled who asks before they are discarded, and must refund the security deposit (less lawful deductions, including removal and storage costs) to that person. The owner may remove and store the property, require an inventory signature, and may discard it only after mailing a certified-mail request to the contact person and waiting 30 days with no one claiming it. An owner may ask in writing (including in the lease) for the resident to name a contact person. NMSA 1978, § 47-8-34.2 |
| Oklahoma | A tenant whose lease is for two years or less, or who is a tenant at will or by sufferance, may not assign or transfer the tenancy or any part of it without the landlord's written consent. If the tenant does so anyway, the landlord may give 10 days' notice to quit and then re-enter and remove the tenant and any subtenant. Sublessees have the same remedies against the original landlord on the original lease covenants as against their immediate lessor. 41 O.S. §§ 10, 11, 14 | A lease for a definite term ends on its ending date without notice unless the parties agreed otherwise. If the tenant stays without the landlord's consent, the landlord may sue right away for possession and damages, and if the holdover is willful and not in good faith, may also recover up to twice the average monthly rent (prorated daily) for each month or part of a month the tenant stays. If the landlord consents to the tenant staying, a month-to-month tenancy is created unless the parties agree otherwise. 41 O.S. § 111(C), (D) | On the landlord's written request, a tenant must name an emergency contact and sign a statement authorizing the landlord, if the tenant dies, to let that person into the unit, remove the tenant's belongings and receive the deposit refund. When a tenant who lived alone dies, the landlord may remove and store the belongings, must turn them over to the designated person or anyone else legally entitled who asks before they are discarded, and must refund the deposit (less lawful deductions, including removal and storage costs). The landlord may discard the property only after a certified-mail request to the designated person goes unanswered for 30 days after the postmark and no one has claimed it. A landlord who knowingly violates these rules is liable to the estate for actual damages. 41 O.S. § 130.1 |
City rules that may add to state law
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Texas Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Texas?
During the lease, a tenant may not rent the place to anyone else without the landlord's prior consent. The statute does not set a standard for when the landlord must give consent. (Tex. Prop. Code § 91.005)
What happens when my lease ends in Texas?
A month-to-month tenancy can be ended by either side with notice; it ends on the later of the date in the notice or one month after notice is given (for rent periods under a month, one rent period), unless a signed agreement sets a different notice period. Texas's landlord-tenant chapters contain no rule on automatic-renewal clauses and no holdover rent penalty, so the lease controls those points. (Tex. Prop. Code § 91.001; Tex. Prop. Code chs. 91 and 92 (reviewed))
What happens to a lease when a tenant dies in Texas?
If a tenant who was the only occupant dies before the lease ends, the estate's representative can end the lease and avoid future rent by giving the landlord written notice, removing the tenant's belongings, and signing an inventory if asked; the lease ends on the later of 30 days after notice or when all conditions are met. The estate still owes unpaid rent and damage beyond normal wear. The landlord may remove and store the belongings and must turn them over to the tenant's designated contact or another person lawfully entitled, and must refund the deposit, minus lawful deductions, to that person. Unclaimed property may be discarded after a certified-mail request and 30 days. (Tex. Prop. Code §§ 92.0162, 92.014)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.